43-01-11. Bonds or liability policy - Deductible policy permitted.
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/nd/title-43/chapter-43-01-abstracters/43-01-11·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Before a certificate of authority may be issued, the applicant therefor shall file with the secretary-treasurer of the board a surety bond in favor of the state, or an abstracter's liability policy to be approved by the board as to form, sufficiency, and surety thereof and written by a company authorized to write such insurance in this state, in a penal sum or limit of liability equal to ten thousand dollars for each ten thousand inhabitants, or major fraction thereof, residing in the county in which the applicant's office is maintained, as shown by the last official federal or state census preceding the filing of the bond or abstracter's liability policy.
Such bond, or abstracter's liability policy, however, may not be less than one hundred thousand dollars. The bond or liability policy must be conditioned for the payment by the abstracter of any liability imposed upon the abstracter by law for damages arising from any claim against the abstracter that may be sustained by or that accrues to any person by reason or on account of any negligent act, error, or omission in any abstract or certificate of title, or continuation thereof, made and issued by the abstracter.
All surety bonds, liability policies, and evidence of annual renewal of the bonds and policies must be filed with the secretary-treasurer of the board. All abstracters' liability policies must be endorsed to provide that cancellation cannot be effected by either the abstracter or the insurance company without ten days' written notice to the abstracters' board of examiners. It is permissible under this section to file an abstracter's liability policy in the deductible form, provided that the deductible provision may not exceed ten thousand dollars.